Tortsbatteryself-defensedefense of othersStand Your Ground immunitysection 776.032section 776.012section 776.013
Facts
In a Dolphin Mall parking lot dispute, witnesses testified that Dr. Pages acted aggressively toward Tapia, bumping him with his chest while Tapia backed away. Dr. Pages then turned and moved aggressively toward Tapia's disabled wife, Ms. Singer, who had been telling him to calm down. Tapia rushed toward Dr. Pages and pushed him down, causing head injury; Mrs. Pages alone testified that Tapia also contacted her. Tapia later pleaded guilty to misdemeanor battery on Mrs. Pages, while the felony battery charge concerning Dr. Pages was dropped.
Issue
Whether Tapia was barred from civil immunity under Florida's Stand Your Ground law because his guilty plea to misdemeanor battery on Mrs. Pages meant he was engaged in unlawful activity when he used force on Dr. Pages. More specifically, the question was whether Tapia could still obtain immunity under section 776.012 for using non-deadly force in defense of another.
Rule
Under section 776.032, immunity is available to a person who uses force as permitted by sections 776.012, 776.013, or 776.031, and these provisions provide alternative bases for immunity. For non-deadly force, section 776.012 justifies force when the person reasonably believes it is necessary to defend himself or another against another's imminent use of unlawful force, and this portion of section 776.012 does not require proof that the actor was not engaged in unlawful activity.
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One of 10 multiple-choice questions for this case. Pick an answer to see why.
In a grocery store parking lot in Orlando, Nolan Cruz saw his elderly mother cornered by Victor Ames, who was raising his fists and stepping toward her after a shouting match. Nolan ran over and shoved Victor backward, causing Victor to fall and bruise his shoulder. During the same scuffle, Nolan also admitted he intentionally slapped Victor's sister, who had been filming nearby, and later pleaded guilty to misdemeanor battery for that separate contact.
In Victor's subsequent civil battery suit based on the shove, which argument is strongest for Nolan's claim of immunity under Florida's force statutes?
Explanation. Section 776.032 provides alternative paths to immunity through sections 776.012, 776.013, or 776.031. Under the applicable portion of section 776.012, a person is justified in using non-deadly force if he reasonably believes it is necessary to defend himself or another from imminent unlawful force, and that provision does not require proof that the actor was not engaged in unlawful activity. Thus, even if Nolan's separate plea might matter under section 776.013, it would not defeat immunity under section 776.012 if the shove was non-deadly force reasonably used to defend his mother. (Derived from Pages v. Seliman-Tapia (n.d.).)